Addressing Climate Change Induced Displacement: Towards Human Rights-Based Approach

Displacement based alone on environmental disasters does not meet the requirements for refugee protection. To be considered a refugee, one must meet the criteria outlined in Art 1A of the 1951 Refugee Convention, and victims of natural catastrophes consequently must meet the same criteria. Because international refugee law can only be implemented to a limited extent, international human rights law may be used as a “complementary” foundation for environmentally displaced persons seeking protection. This literature review reflects on how to create conditions for the protection of refugees displaced by environmental disasters, the responsible actors, and the ones to provide protection. Taking a human rights-based approach, it reviews European policies and protection instruments in the context of environmental-induced migration. It also deals with climate change litigation, with the purpose of assessing whether climate policy measures exist as a result of climate litigation, and if so, in what way the legal rulings are changing human rights concepts.